This is an urgent chamber application in which the applicant is seeking in the interim an order that the respondents be interdicted from executing an order of this court given in Case No. HC 9602/11 pending determination of an application for the rescission of that judgment which was filed under Case No.HC 5490/13. The final order sought is for the setting aside of the order given in Case No. HC 9602/11. That is the same relief which is being sought in a separate application instituted by the applicant in HC 5490/13. More
Job’s patience is certainly among the virtues which a judicial officer must possess in the discharge of his/her functions especially when dealing with a lay person self-actor to whom knowledge of both adjectival and substantive law is an intellectual exercise not subscribed to by the common man. More
The plaintiff issued a summons for Provisional Sentence on a liquid document claiming from the defendant an amount of US$10 500-00. The plaintiff averred that its claim is based on a letter dated 27 July 2009 executed by the defendant’s accountant acknowledging the debt due. The letter states that an amount of US$15 000-00 is payable to the plaintiff. The letter also states “We wish to pay yourselves $500-00 .... weekly or US$2 000-00 a month.” More
Eduardo Couture, made the following seminal remarks in an article published in (1950) 25 Tulane Law Review at 7 which the full bench of the Supreme Court in MDC&AnorvChinamasa&Anor NNO 2001(1) ZLR 69(S) 79A-C cited with approval: More
The application before the court is one for a declaratur initiated under s85 (1) of the Constitution of Zimbabwe. The applicant challenges the constitutional validity of the Land Commission (Gazetted Land) (Disposal In Lieu of Compensation) Regulations, 2020 (S.I. 62 of 2020) (hereinafter referred to as the regulations). The regulations were promulgated by the first respondent on 13 March 2020 in terms of s 21 as read with s 17 of the Land Commission Act (the Act). The applicant argues that the regulations violate his right to agricultural land, his right to property, his right to administrative justice and the... More
